Civil Procedure Code, 1908, O.617–Amendment of Written Statement– Alternative/Additional plea-Mutually destructive and inconsistent plea cannot be allowed at belated stage of appeal.
Civil Procedure Code, 1908, O.6 R.17–Amendment of Written Statement- Alternative/Additional plea-Petitioners have simply pleaded that the said plea could not be raised as there was no proper legal advise—It is very easy to put the blame on the counsel to meet out its own default by the parties to the lis– Application dismissed.
Harbilas (deceased) through LRs. v. Balbir Singh
2016(4) Law Herald (P&H) 3259 : 2016 LawHerald.Org 1916